Determination Of The Result Of Harm:Returning To The Doctrine Of Criminal Law

The determination of the result of the hazard is a major controversy in the theory of criminal law,and it has been discussed in the academic page.However,it has not paid enough attention to the theory of criminal law,and it is still in a state of controversy..For the cause of the dispute,on the one hand,the complexity of the hazard is determined;on the other hand,it depends on the lack of unified theories and principles.The traditional methods of identifying the hazard results in China are mainly derived from the provisions of the criminal law,or through the interpretation of the criminal law,or through the corresponding legal and economic violations.In fact,the determination of the result of the hazard should be based on the statutory grounds of the crime,strictly in accordance with the requirements of the criminal law doctrine,whether it is the over-interpretation of the concept of legal interest or the objective punishment of the conditions to the Chinese judicial practice is unreasonable.of Any disengagement,misinterpretation of criminal law,understanding of criminal law with dogmatic thinking or arbitrary interpretation of criminal law are all flaws in criminal lawOf course,in theory,a hundred schools of thought are acceptable to the academic community,but without a unified guiding principle,it will inevitably lead to confusion in judicial practice.To this end,through the study of the criminal law doctrine,strengthen the theoretical community's recognition of the legal solution to legal issues,and introduce a unified standard for determining the results of the hazard.There is a close relationship between the teaching of criminal law and the determination of the results of harm.On the one hand,the reason for determining the chaos by briefly combing the current hazard results reveals that the determination of the hazard results should be based on the criminal law itself,which is consistent with the requirements of the criminal law doctrine.Only when the law does not clearly stipulate,the harm result can be derived from the text.On the other hand,the harm result according to the legal protection can only be used as a supplementary method,and the criminal law of our country does not conform to the so-called objective other than the criminal constitution.Penalty conditions,so the practice of objective and objective punishment conditions to the judicial practice of our country is contrary to the principle of legality of crimes.There are many ways to determine the hazard outcome,but the criteria and sequence to be determined should be uniform.It should be clarified that the results of the criminal law have superiority,especially in the context of the text containing both the clearly defined results and the provisions of the crime,or both the clearly defined results and the interpretation of the benefits under the protection of the law.When there are multiple situations,it is necessary to make rational judgments and choices,and to clarify the results of the criminal law.It is necessary to use the current criminal law to delimit a judicial area for its judicial practice,thereby negating the establishment of some crimes,balancing the relationship between punishing crimes and protecting human rights,and judging the order of harm results by the standards of criminal law teaching,and regard law as a society ruled by law.The most honorable rule.